Contreras v. Randi's Enterprise, LLC

We respectfully dissent. A party is not liable for injuries caused by dangerous or defective conditions on property unless the party owns, occupies, controls or has special use of the property (see Giglio v Saratoga Care, Inc., 117 AD3d 1143, 1144 [2014]; Turrisi v Ponderosa, Inc., 179 AD2d 956, 957 [1992]). Here, although defendant K.C. Custom *1201Framing, LLC (hereinafter defendant) primarily conducted business at a location across the street from 68 Weibel Avenue, it also occupied and, as relevant here, accepted deliveries at 68 Weibel Avenue. Plaintiff Billie Contreras (hereinafter plaintiff)…